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JOURNEY TECH INCORPORATED - Terms of Service

 

A.        Use of JTI Service

A.1      Your use of JTI products, software, services and web sites (referred to collectively as the "Services") is subject to the terms of a legal agreement between you and JTI.  "JTI" means JOURNEY TECH INCORPORATED, whose principal place of business is at 3rd Floor Sky Freight Building, Ninoy Aquino Avenue, Paranaque City, MM, Philippines 1700. Wherein JTI owns and maintains the web portal named ARMADA MANAGEMENT PORTAL SOLUTION (AMPS)

A.2      Unless otherwise agreed in writing, your agreement with JTI will always include, at a minimum, the terms and conditions set out in this document.  These are referred to below as the "Universal Terms".

A.3      Your agreement with JTI will also include the terms of any Legal Notices applicable to the Services in addition to the Universal Terms.  All of these are referred to below as the "Additional Terms".  Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

A.4      The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and JTI in relation to your use of the Services.  It is important that you take the time to read them carefully.  Collectively, this legal agreement is referred to below as the "Terms".

A.5      If there is any contradiction between the Additional Terms and the Universal Terms, then the Additional Terms shall prevail.

 

B.         Accepting the Terms

B.1       In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

B.2 You can accept the Terms by:

(A)      Clicking to accept or agree to the Terms, where this option is made available to you by JTI in the user interface for any Service; or

(B)       By actually using the Services, in which case, you understand and agree that JTI will treat your use of the Services as acceptance of the Terms from that point onwards.

B.3       By clicking to accept the Terms or actually using the Service, you represent and warrant that you are of legal age and have the legal capacity to enter into this Agreement.

B.4       Before you continue using the Service it is highly recommended that you print off or save a local copy of the Universal Terms for your records.

 

C.        Provision of the Services by JTI

C.1      JTI is constantly innovating in order to provide the best possible service for its users.  You thus acknowledge and agree that the form and nature of the Services which JTI provide may change from time to time without prior notice to you.

C.2      As part of this continuing innovation, you acknowledge and agree that JTI may temporarily or permanently cease to offer some of the features within the Services to you or to users generally at JTI's sole discretion.  You may stop using the Services at any time.

 

D.        Use of the Services

D.1      In order to access certain Services, you may be required to provide information about yourself such as but not limited to identification or contact details as part of the registration process for the Service, or as part of your continued use of the Services.  You warrant that any registration information you give to JTI will always be accurate, correct and up to date.

D.2      You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines.

D.3      You agree that you will not engage in any activity that interferes with or disrupts the Services or the servers and networks that are utilized in connection with the Services.

D.4      Unless you have been specifically permitted to do so in a separate agreement with JTI, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

D.5      You agree that you are solely responsible, and that JTI has no responsibility to you or to any third party, for any breach of any of your obligations under the Terms and for the consequences thereof, including any loss or damage that JTI may suffer.

D.6 	The duration or term of this Service shall be contained in an Annex to the Original Terms of Service and shall not be considered renewed unless confirmed in writing by both parties at least 5 days before the expiration of the term of this Contract.


 

E.         Your passwords and account security

E.1       You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

E.2       Accordingly, you agree that you will be solely responsible for all activities that may be undertaken using your account.

E.3       If you become aware of any unauthorized use of your password or of your account, you agree to notify JTI immediately at Telephone (632) 556-5914.

 

F.         Content in the Services

F.1       You understand that all information such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively referred to as "Content") that you may have access to as part, or through your use, of the Services are the sole responsibility of the person from which such Content originated.

F.2       JTI reserves the right, but shall have no obligation, to pre-screen, review, flag, filter, modify, refuse or remove any or all harmful Content from any Service.

F.3       You agree that you are solely responsible, and that JTI has no responsibility to you or to any third party, for any Content that you create, transmit or display while using the Services and for the consequences thereof, including any loss or damage which JTI may suffer.

 

G.        Proprietary rights

G.1     You acknowledge and agree that JTI or its Licensor(s) owns all legal right, title and interest in and to the Services, including any intellectual property rights that subsist in the Services.  You further acknowledge that the Services may contain information which is designated confidential by JTI and that you shall not disclose such information without JTI's prior written consent.

G.2     Unless you have agreed otherwise in writing with JTI, nothing in the Terms gives you a right to use any of JTI's trade names, trademarks, service marks, logos, domain names, and other intellectual property rights.

G.3     You agree that you shall not remove, obscure, or alter any proprietary or intellectual property rights notices that may be affixed to or contained within the Services.

G.4     Unless you have been expressly authorized to do so in writing by JTI, you agree that in using the Services, you will not use any intellectual property rights of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such rights.

 

H.        License from JTI
H.1      JTI gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Service provided to you by JTI.  This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by JTI in the manner permitted by the Terms.

H.2      You may not, and neither may you permit anyone else to, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof.

H.3      Unless JTI has given you specific written permission to do so, you may not assign, or grant a sub-license of, your rights to use the Service, grant a security interest in or over your rights to use the Service, or otherwise transfer any part of your rights to use the Service.

 

I.          Software updates

I.1        The Software that you use may, from time to time, automatically download and install updates from JTI.  These updates are designed to improve, enhance and further develop the Services and may take the form of enhanced functions, new software modules and completely new versions.  You agree to receive such updates and permit JTI to deliver these to you as part of your use of the Services.

 

J.         Ending your relationship with JTI

J.1       The 2       If you want to terminate your legal agreement with JTI, you may do so by (a) notifying JTI at any time and (b) closing your accounts for all of the Services that you use in case where JTI has made this option available to you.  Your written notice should be sent to JTI's address that is set out at the beginning of these Terms and any remaining obligations or payments under this agreement shall become due. Terms will continue to apply until terminated by either you or JTI as set out below.

J.

J.3       JTI may at any time terminate its legal agreement with you if:

(A)      You have breached any provision of the Terms, or have acted in manner which clearly shows that you do not intend, or are unable, to comply with the provisions of the Terms; or

(B)       JTI is required to do so by law; or

(C)      JTI's partner in offering the Services to you has terminated its relationship with JTI or ceased to offer the Services; or

(D)      JTI is transitioning to no longer providing the Services to users in the country in which you are a resident of, or from which you use the service; or

(E)       JTI's provision of the Services to you is, in its opinion, no longer commercially viable.

J.4       Nothing in this Section shall affect JTI's right to cease offering the Services under Section C.2 of the Terms.

 

K.        EXCLUSION OF WARRANTIES

K.1       You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on an "as is" and "as available" basis.

K.2       JTI, its subsidiaries and affiliates, and its licensor(s) do not represent or warrant that:

(a)      Your use of the services will be uninterrupted, or free from error; and

(b)      Any information obtained by you as a result of your use of the services through sponsored links or other websites will be accurate or reliable.

K.3       Any Content downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such Content.

K.4       JTI expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

 

L.         LIMITATION OF LIABILITY

L.1       You expressly understand and agree that JTI, its subsidiaries and affiliates, and its licensor(s) shall not be liable to you for:

(a)      Any direct, indirect, incidental, special, consequential or exemplary damages that may be incurred by you, however caused and under any theory of liability.  This shall include, but not be limited to, any loss of profit, whether incurred directly or indirectly, any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;

(b)      Any loss or damage that may be incurred by you, including but not limited to loss or damage as a result of:

(i)        Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;

(ii)        Any changes that JTI may make to the services, or for any permanent or temporary cessation in the provision of the services, or any features within the services;

(iii)       The deletion or corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;

(iii)       Your failure to provide JTI with accurate account information;

(iv)      Your failure to keep your password or account details secure and confidential;

L.2       The limitations on JTI's liability to you in paragraph l.1 above shall apply whether or not JTI has been advised of or should have been aware of the possibility of any such losses arising.

 

M.       Copyright and trade mark policies

M.1     It is JTI's policy to respond to notices of alleged copyright infringement that comply with applicable Philippine intellectual property laws and to terminating the accounts of repeat infringers.

M.2     JTI operates a trade mark complaints procedure in respect of JTI's advertising business.

 

N.        Advertisements

N.1      Some of the Services are supported by advertising revenue and may display advertisements and promotions.  These advertisements may be targeted to the content of information stored on the Services, or queries made through the Services or other information.

N.2      The manner, mode and extent of advertising by JTI on the Services are subject to change without specific notice to you.

N.3      In consideration for JTI granting you subsidized access to and use of the Services, you agree that JTI may place such advertising on the Services.

 

O.        Other content
O.1     The Services may include hyperlinks to other web sites or content or resources.  Thus, you acknowledge and agree that JTI may have no

control over any web site or resource that is provided by companies or persons other than JTI.

O.2     You acknowledge and agree that JTI is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

O.3     You acknowledge and agree that JTI is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

 

P.         Changes to the Terms

P.1      JTI may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, JTI will make a new copy of the Universal Terms and any new Additional Terms will be made available to you from within, or through, the affected Services.

P.2      You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, JTI will treat your use as acceptance of the updated Universal Terms or Additional Terms.

 

Q.        General legal terms

Q.1     When using the Services, you may use a service or download content, or purchase goods that are provided by another person or company. Your use of these other services, content or goods may be subject to separate terms between you and the company or person concerned.

Q.2     The Terms constitute the whole legal agreement between you and JTI and govern your use of the Services, but excluding any services that JTI may provide to you under a separate written agreement, and completely replace any prior agreements between you and JTI in relation to the Services.

Q.3     You agree that JTI may provide you with notices, including those regarding changes to the Terms, by email, or postings on the Services.

Q.4     The failure of JTI at any time to require performance by the other party of any provision of this Agreement shall not affect the right of JTI to require performance by the other party of that provision, and any waiver by JTI of any breach of any provision of this Agreement shall not be construed as a waiver of such provision or of any continuing or succeeding breach of such provision, or of any right under this Agreement.

 

Q.5     If any part, term or provision of this Agreement shall be declared invalid or unenforceable by a court of competent jurisdiction, the validity or enforceability of the remaining portions or provisions shall not be affected thereby, and each remaining provision shall be valid and enforceable to the fullest extent and the rights and obligations of the parties shall be construed as if this Agreement did not contain the particular invalid or unenforceable part, term or provision.

Q.6     You acknowledge and agree that each member of the group of companies of which JTI is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on, or rights in favor of, them.  Other than this, no other person or company shall be third party beneficiaries to the Terms.

Q.7     The Terms, and your relationship with JTI under the Terms, shall be governed by the laws of the Republic of the Philippines without regard to its conflict of laws provisions.  You and JTI agree to submit to the exclusive jurisdiction of the courts located within the Philippines to resolve any legal matter arising from the Terms.
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